THE HUMAN FACTOR – RESOURCE AND VULNERABILITY WITHIN THE ADMINISTRATION SECTOR

2021 ◽  
Vol 17 (1) ◽  
pp. 385-388
Author(s):  
Andreea Nicoleta MANCAȘ ◽  
Cosmin-Daniel NEDELCU

Abstract: The public administration represents the subsector of one of the 12 sectors with critical infrastructures in Romania, namely the Administration sector. Its role is to ensure the organization and concrete execution of the law, in order to protect the rights and freedoms of citizens. The efficiency and performance of the public administration is mainly determined by the effectiveness of the civil servant. That is why the human factor is the main resource in the administration sector, being also the most vulnerable element of this sector. The unpredictability of human resources makes measures to reduce the vulnerabilities caused by it (human resources) the most difficult to manage.

Author(s):  
RAFAEL JIMÉNEZ ASENSIO

La formación de empleados públicos ha sido objeto de una atención marginal. El objeto de este estudio es analizar hasta qué punto la aprobación del EBEP y los instrumentos de innovación de la gestión de personas allí recogidos suponen realmente un cambio de paradigma en la manera de comprender la formación de empleados públicos. La política de formación de empleados públicos tiene un carácter transversal y tiene, asimismo, una naturaleza instrumental. El presente trabajo desarrolla un análisis integral de la formación en el marco del cambio de paradigma que representa el EBEP en la gestión de recursos humanos, poniendo en valor la importancia que la formación tiene para articular políticas selectivas, la carrera profesional o la evaluación del desempeño en el empleo público. Superar el actual «modelo agotado» de formación exige ver la misma como un deber o responsabilidad del empleado público. Enplegatu publikoen prestakuntza baztertu samar egon da. Lan honek, hain zuzen, aztertzen du noraino aldatuko ote duten paradigma, enplegatu publikoen prestakuntza ulertzeko moduan, Enplegatu Publikoaren Oinarrizko Estatutua onartzeak eta han jasotzen diren pertsonen kudeaketa berritzeko tresnek. Enplegatu publikoak prestatzeko politika zeharkakoa izateaz gain, instrumentala ere bada. Azterlan honetan oso-osoan aztertzen da enplegatu publikoen prestakuntza, aipatu estatutuak baliabideen kudeaketari dagokionez dakarren paradigma-aldaketaren ikuspegitik. Halaber, baloratu egiten da prestakuntzak duen garrantzia, hautaketa-politikak, karrera profesionala edo enplegu publikoko lanaren ebaluaketa antolatzeko orduan. Gaur egungo prestakuntza-eredua «agortuta» dago. Beraz, gainditu beharra dago, eta, horretarako, ezinbestekoa da enplegatu publikoaren eginbehar edo erantzukizun moduan hartzea prestakuntza. The civil servants¿ training has been subject of marginal attention. The aim of this study is to analyzse to what extent the passing of the Basic Statute for the Civil Servants and the instruments of innovation for the personal administration therein do really imply a change in the paradigm of understanding the civil servants¿ training. The policy on the civil servant¿s training has a transversal character and also an instrumental nature. This present work develops an integral study on the training within the framework of the change of paradigm which entails the EBEP for the management of human resources, by enhacing the importance training has in order to articulate selection policies, the professional career or the evalutaion of the performance of the public employment. Overcoming the current «outdated model» of training calls for considering it as a duty or responsibility by the civil servant.


2003 ◽  
Vol 31 (S4) ◽  
pp. 81-83 ◽  
Author(s):  
Mary Anne Viverette ◽  
Jennifer Leaning ◽  
Susan K. Steeg ◽  
Kristine M. Gebbie ◽  
Maureen Litchveld

The Commission on the Accreditation of Law Enforcement (CALEA) employs rigorous evaluation techniques. Objective accreditation, such as made possible by CALEA, is important from the public’s perspective and in the national community of law enforcement.To counteract a general distrust of law enforcement agencies, the Law Enforcement Assistance Administration (LEAA) developed a grant to develop standards by which the quality and performance of law enforcement could be measured. LEAA developed 107 standards and, though well received by the law enforcement community, no single group or agency took the initiative to begin a program to evaluate and implement the standards. In 1979, the Department of Justice established an additional grant that effectively organized the four major law enforcement groups: the International Association of Chiefs of Police, the National Sheriff’s Association, the National Organization of Black Law Enforcement Executives, and the Police Executive Research Forum.


2020 ◽  
Vol 59 (10) ◽  
pp. 98-100
Author(s):  
Samira Eldar Mehraliyeva ◽  

The responsibility of civil servants in public administration in a democratic environment is one of the central issues. The responsibility of civil servants and the grounds and conditions of termination are specified in the Law on Civil Service, which is the main legislative act implementing sectoral regulation, which emphasizes the importance of this issue. The article briefly analyzes the civil service position and civil servant, the legal basis, the concept of responsibility as a legal phenomenon, and the grounds for termination. Key words: civil service position, civil servant, termination, responsibility, restrictions


2021 ◽  
pp. 69-71
Author(s):  
Agnė Andrijauskaitė

This chapter reviews administrative procedure and judicial review in Lithuania. The introduction of administrative justice into the Lithuanian legal system happened against the backdrop of Lithuania's 'unflinching' desire to join the European Union and was meant to strengthen the protection of individual rights and administrative accountability. Two cornerstone acts in this regard, the Law on Public Administration and the Law on Administrative Proceedings (APA), were adopted in 1999. Administrative courts were also established in the same year. Article 3 (1) APA spells out the general rule that administrative courts settle disputes arising in the domain of the public administration. All the acts and measures excluded from the competence of administrative courts are listed in Article 18 APA, which establishes the so-called negative competence of administrative courts. Meanwhile, Article 91 (1) (3) APA provides that the impugned administrative decision may be quashed if 'essential procedural rules intended to ensure objective and reasonable adoption of an administrative decision were breached'.


Author(s):  
V. Venkatakrishnan

New public management (NPM) conceptualised public administration as a business, to be managed with business-like techniques. Since services had to be assessed by the criteria of quality, efficiency, and satisfaction of citizens, the public sector had to reorganize its processes. As strong emphasis was on the services, improving their delivery was expected to facilitate achieving the above criteria. The terms of the NPM approach such as “customer focus, managing for results, and performance management” have become part of the standard language of public administration (Ali, 2001; Bekkers & Zouridis, 1999; Crossing Boundaries, 2005; Spicer, 2004).


2020 ◽  
Vol 11 (2) ◽  
pp. 151-165
Author(s):  
Ryszard Szynowski

In one of the many definitions of public administration it was stated that it is the fulfillment of individual and collective needs of citizens, resulting from the co-existence of people in society, realized by the state and its dependent organs. One of the needs of an individual is the need for safety. Ensuring the safety of citizens is realized by the public administration, due to its service to the society as an executive apparatus possessing a democratic mandate of political power, in service of the law created by said organs. A particular role in the area of defense belongs to authoritative administration, which performs tasks including reversing risks and removing dangers, including the realization of tasks and undertakings aimed at military preparation in case of war. The aim of the following article is to present the tasks and competences in the area of protecting the President, the government, government administration officials on duty and local self-administration of the Slovak Republic. Various methods have been used to reach the pre-determined goal, primarily the method of document investigation, which made it possible to gather, sort, describe and scientifically interpret the legal acts of the Slovak Republic regarding defensive matters.


2016 ◽  
Vol 16 (2) ◽  
pp. 181-196
Author(s):  
Ambroży Mituś

Summary The aim of this article is to present the essence and significance of information and communication in public administration in the context of the management control. Broadly understood information in public administration allows both to control the activity of this administration and to make correct decisions and actions in order to perform public tasks effectively. Therefore, the existence of a proper system for sharing and exchanging information is an essential component of the management control, ensuring the execution of the tasks and objectives in a way that is consistent with the law, effective, efficient and timely. The article points to i.a. the types of information and means of communication that may be deemed effective or legally acceptable tools for conveying information and communicating in public information. In this context it should be emphasised that - in particular - sharing public information requires that a relevant form be retained and a proper sharing procedure be followed.


2021 ◽  
Vol 18 (2) ◽  
pp. 204-215
Author(s):  
A. D. Maile

This article provides an overview of the main provisions of German administrative procedural law. It outlines in a systematic way the particularities of administrative procedures and the possibilities for a citizen to seek administrative remedy. The essence of the basic principles of administrative procedural law as well as the particularities of temporary legal protection and the possibilities for an extrajudicial appeal against an administrative act are explained to the reader. The Author points out that administrative proceedings in Germany are, in a broad sense, any decision-making activity of a public administration body. According to the German Administrative Procedure Act, an administrative procedure in the sense of the law is an externally imposed activity of the administrative authorities that is aimed at verifying the conditions, preparing and issuing an administrative act or entering into a public-law contract. At the same time, the activities of a public administration body are not bound by a specific form, unless there are specific rules on the form of procedure. It is stated that current German administrative law distinguishes between an administrative act and a general order. The latter is also an administrative act, the range of addressees, however, is wider. An administrative act according to the law is any order, decision or other authoritative action of an administrative body aimed at regulating a single case in the field of public law and having direct legal consequences of an external nature. A general order is an administrative act, which is addressed to a certain or defined by general features, or which concerns the public-law properties of a thing or the use of it by the public. The author notes that an administrative act must be specific in content, justified and announced to the participants in the proceedings. As long as the act has not been declared, it is invalid. An administrative act is valid from the moment it is announced, unless it itself provides otherwise. It continues in force until it is revoked, cancelled, terminated by a deadline or for any other reason specified in the law. Based on the analysis, it is concluded that the lack of a law on administrative procedures in Russia is a negative indicator of the modern Russian administrative legal system.


2019 ◽  
Vol 30 (6) ◽  
pp. 1393-1399
Author(s):  
Dejan Vitanski

The author of labor, through an in-depth considiration, tries to understand, capture and notify the essential elements and immanent features of the principles of hierarchy and subordination in the public administration. Administration is one of the key entities in the physiognomy of the state system. It is a complex mechanism and, in general, a hierarchically profiled structure, which forms the "spine" of the state. Hierarchy and subordination are the basic substrate of administrative architecture. In an organizational sense, the hierarchical principle is a system of eldership, whose essence is expressed in the obligation of the subordinate entity (individual or authority) to conform to the orders of the superordinate elder in a strictly formalized system of mutual relations that arise in connection with the performance of the working tasks within an organization. The hierarchical pyramid is a stratified (layered) system of functions, ranging from the more specific to the more general. Within that system, carriers of more general functions control the work of carriers of closer functions. The hierarchical structure has the form of a vertical chain, in which each higher level has authority over the lower one, and each lower level submits to the orders and the directives at the higher level. Hierarchical placement allows vertical process management, providing easier management, effective control, as well as locating the responsibility and dysfunctionality of each link in the administrative chain. According to modern understandings, which occurred with the establishment of the legal state, there is a legally established border and a demarcation line to which the elder can move when issuing specific orders to the subordinates. That limit implies that the elder can not issue orders to the subordinates. This means that in modern-established states, in which the administration is based on the pivotal principle of legality, subordination actually arises as a kind of counterbalance to the hierarchy. In accordance with the principle of subordination, when the duty of the civil servant is prescribed to perform the orders of the head of the body, as well as the orders of the immediate superior officer, it is noted that the civil servant is obliged to act upon those orders, but exclusively in accordance with the Constitution , by law or by other regulation. The fundamental dilemma that is put in front of the author of the labor and on which the focus of the scientific-research interest is placed is by determining and clarifying the essence of the principles of hierarchy and subordination, to answer the question: is the hierarchy and subordination synonyms, dichotomous categories or predestined two sides of the same medal?


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